"Dear
Mr. Preszler, I would like to express my gratitude in helping
me seek justice. Thank you for everything. Your professional
demeanor and extensive knowledge in the law"
If you have been fired, put on temporary
lay off, or constructively dismissed in Ontario without
cause and without reasonable notice and/or severance,
after having been employed continually on a full time
basis for more than three months, then you have been
wrongfully dismissed.
When calculating the amount of reasonable
notice, the following factors must be considered following:
length of service
position/seniority
age
level of responsibility
salary
difficulty in
finding a comparable position with a new employer;
and
whether you were
enticed or recruited away from a secure job.
The circumstances surrounding
your dismissal will also be considered when determining
the appropriate notice period.
You may also be entitled severance. However, your entitlement
to severance depends on two factors:
whether you
worked for the same employer for a period of at least
five years; and
if your employer's
payroll is over $2.5 million or if 50 employees have
been permanently terminated within a six month period
from your employer's organization.
In
the event that you meet these requirements, you are entitled
to an additional week's pay for each year worked,
up to a maximum of 26.
If you have been fired, put on temporary lay off, or constructively
dismissed from your workplace DO NOT
sign anything or cash any cheque from your former employer.
First, call us immediately or fill out our online assessment
and let us provide you with straight forward answers to
your complex questions.
What is a "Constructive
Dismissal"?
Constructive
dismissal is a form of wrongful dismissal. It occurs when
an employer unilaterally changes a fundamental term of the
employment contract without the employee's consent.
For instance, an employee may be constructively dismissed
if the employer makes changes to the employee's terms
and/or conditions of employment that results in a significant
reduction in salary or a significant change in such things
as the employee's work location, hours of work, authority
or position, or change of duties.
Constructive Dismissal can also include situations where
an employer harasses or abuses an employee, places the employee
on temporary layoff, pushes the employee out via their actions,
or gives an employee an ultimatum to "quit or be fired"
and subsequently, the employee resigns in response.
If you feel that you have been constructively dismissed,
call us immediately or fill out our online assessment and
let us provide straight forward answers to your complex
questions.
